Recent discussions on the abolition of patents for inventions in the United Kingdom, France, Germany, and the Netherlands : $b Evidence, speeches, and papers in its favour
General
Recent discussions on the abolition of patents for inventions in the United Kingdom, France, Germany, and the Netherlands : $b Evidence, speeches, and papers in its favour
Patents
It would be seen, he thought, from what he had stated, that the
public were placed at a great disadvantage in the contest. In dealing
with Patent cases in a court of law there was generally a vast array
of witnesses to be examined, consisting of mechanics, chemists, and
scientific men of all sorts on one side and the other. Then there were
the jury, who knew nothing of the subject, and the judge, who might be
placed in a worse position, because he might imagine he understood all
about it when he did not. He did not, of course, mean to say that the
judge did not sometimes understand it, but it might very easily happen
that an ingenious professional witness might so argue the case under the
form of giving evidence as to lead the judge to think that he really knew
all about it when such was not in reality the fact. Then the bias being
in favour of the patentee, the result of such trials almost invariably
was, that if the matter happened to be of any practical importance, the
public were defeated, after having endeavoured to protect themselves at
an enormous expense. He would not enter into minute details, but probably
he had said enough to show that a great practical evil arose out of
Patent-Laws, and that for this evil there was little or no corresponding
benefit. He did not think that we should lose really valuable discoveries
if the Patent-Laws were abolished. There might be some rare instances in
which particular circumstances might give to particular inventors motives
for suppressing and facilities for suppressing discoveries which were not
patented. But, assuming that to be possible in some cases, it operated
even now, for it was well known that Patents were bought up for the
purpose of being suppressed, and it was understood also that inventors
were the persons who derived the least advantage from their inventions.
His conclusion, therefore, upon the whole matter was that the time had at
last arrived—even if it had not arrived some time ago—at which the public
interest would be promoted by the entire abolition of the present system
of monopoly.
[This speech and the succeeding one have been obligingly revised for the
press by the speakers.]
SPEECH OF THE RIGHT HON. LORD STANLEY, M.P.
Public-domain text, read in full here on John Shaqi.
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